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Patterson v. State

The defendant's conviction for hydrocodone possession was reversed, since the trial court improperly instructed the jury as to that charge.

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Danny Gary Patterson appeals following the denial of his motion for new trial after a jury convicted him of one count of distribution of methamphetamine, one count of possession of hydrocodone, and one count of possession of marijuana. For the reasons set forth below, we affirm his convictions for possession of methamphetamine and marijuana, but reverse his conviction for possession of hydrocodone.

Viewed in the light most favorable to the verdict, the evidence shows that in or about January 2010, Darcy Bennett began working as a confidential informant with Agent William Patterson,1 who was employed by the Towns County Sheriff’s Office and attached to the Appalachian Drug Task Force.2 Agent Patterson and Bennett initially targeted Michael Goode, Patterson’s co-indictee, as the object of their investigation. The intent was to have Bennett make multiple controlled drug buys from Goode to confirm what she had told the agent about the variety of drugs Goode was selling. In that regard, Bennett went to Goode’s home in a Union County trailer park on February 9, 2010. Bennett was able to purchase two types of prescription pills and marijuana from him on that date.

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